Kathua rape-cum-murder accused plead not guilty, demand narco test

STATE TIMES NEWSKATHUA: The eight people accused of raping and killing an eight-year-old girl pleaded not guilty and asked the judge for a narco analysis test as the trial into the case, which has become the focal point of outrage across the country, began here on Monday.
Seven of the eight accused namely Deepak Khajuria alias Deepu, son of Updesh Khajuria, resident of Dhamiyal, Hiranagar, Surinder Kumar, son of Sain Das, resident of Satura, Hiranagar, Parvesh Kumar alias Mannu, son of Ashok Kumar, resident of Village Rasana, Hiranagar, Vishal Jangotra alias Shamma, son of Sanji Ram, resident of Rasana, Hiranagar, Sanji Ram, son of Des Raj, resident of Village Rasana, Hiranagar, Tilak Raj, son of Amir Chand, resident of Dhamiyal, Hiranagar and Anand Dutta, son of Shanti Swaroop Dutta, resident of Village Dharmal, PO Muthi, District Jammu, were produced before District and Sessions Judge Sanjay Gupta, who asked the State Crime Branch to give them copies of the charge-sheet and fixed April 28 as the next date of hearing.
The eighth accused is a juvenile who moved a bail application before the chief judicial magistrate. The matter was posted for April 26.
The accused were presented before the court which was packed with lawyers and heavy posse of policemen.
The child from a minority nomadic community was allegedly held in captivity in a small village temple in Kathua district for a week in January this year during which she was kept sedated and sexually assaulted before being bludgeoned to death.
According to the chargesheets filed by the Crime Branch, the abduction, rape and killing of the girl was part of a carefully planned strategy to remove the nomadic community from the area. A separate chargesheet was filed for the juvenile.
The counsel for the accused demanded a copy of the chargesheet filed by the Crime Branch on April 9 before the chief judicial magistrate.
Later talking to reporters, Ankur Sharma, counsel for accused Sanji Ram, his son and others, said that the lawyers raised the issue with the judge for providing copies of charge sheets.
Another lawyer A K Sawhney, who is pleading the case of police constable Tilak Raj for destruction of evidence, said that while the chief minister was talking about fast-track trial, challan copies had not been provided to them till today.
Sanji Ram, the caretaker of the ‘devisthan’ (temple) in the village in Kathua, about 90 km from Jammu, is listed as the main conspirator behind the crime, told the judge that they wanted narco analysis test and were ready for it.
In a narco analysis test, the subject is injected with sodium pentothal or sodium amytal. The dose is dependent on the person’s sex, age, health and physical condition. It does not have any legal sanctity as evidence until a court gives permission to conduct these tests. The test only helps as corroborative and not as primary evidence, say legal experts.
After a brief hearing in the sessions court during which the public prosecutor assured of handing over the chargesheet tomorrow, the seven accused were shifted back to the jail under heavy security.
Special police officer Deepak Khajuria, who is alleged to have repeatedly raped the child, told reporters from the police van that he was also demanding a narco test, also known as the “truth test”, and a CBI probe.
As the trial began inside the court, main accused Sanji Ram’s daughter Madhu Sharma protested outside, demanding a CBI probe.
There was heavy police presence at the Kathua complex following the tension on April 9 when members of the local bar association did not allow the Crime Branch to submit its chargesheet in the case.
Sanji Ram was allegedly joined by special police officers Deepak Khajuria and Surender Verma, friend Parvesh Kumar alias Mannu, Ram’s nephew, a juvenile, and his son Vishal Jangotra alias “Shamma”.
The chargesheet also names the investigating officers — head constable Tilak Raj and sub-inspector Anand Dutta — who allegedly took Rs 4 lakh from Sanji Ram and destroyed crucial evidence.
Principal Sessions Judge Sanjeev Gupta observed that Bhupinder Singh and Harminder Singh, Chief Prosecuting Officers, have appeared on behalf of the State and submitted that they have been appointed as Special Public Prosecutors by the Government of Jammu and Kashmir for the prosecution of the case, however, they sought some time for producing a formal order issued by the Government of J&K in this regard. “The prayer is accepted with the direction that they shall produce the formal order issued by the State of Jammu and Kashmir appointing them as Special Public Prosecutors in this case on or before the next date”, the court observed.
Court further observed that Advocate AK Sawhney and Advocate Aseem Sawhney, representing Tilak Raj have filed another application for providing complete copy of the Challan along with documents annexed therein on the ground that the same were not furnished to the aforesaid accused.
Upon this, the court observed that in the order passed by the Chief Judicial Magistrate, Kathua, on April 9, 2018, it has been mentioned that copies of the Challan along with annexures enclosed therewith were furnished to the accused, when the Challan was presented before him at his residence.
Court further observed that the Special Public Prosecutors undertake to supply copy of the charge-sheet along with all the annexures/documents/ statements of witnesses recorded under Section 161 and 164-A CrPC and all other report/s annexed with the charge-sheet to the accused by 4.30 PM tomorrow, regarding which the counsel for accused Tilak Raj and rest of the accused have no objection. Upon this, Court fixed April 28, 2018 next date of hearing for arguments on charge.
A large number of people assembled on the road leading to the court, blocked it and held protests against a section of national media accusing it of “portraying” the demand for a CBI probe as pro-rapists and pro-culprits, thereby damaging the reputation of the entire village.
Meanwhile, Chairman District Legal Service Authority (DLSA) Kathua Sanjeev Gupta on Monday awarded Rs. 2 lakh compensation to victim’s family under Sub-section (2) of Section 545-A of CrPC under the provisions of J&K Victim Compensation Scheme-2013, in the much publicised Kathua rape and murder case.
The Chairman DLSA Kathua observed that compensation to the tune of Rs. 2 lakh is awarded in favour of the legal heirs of the victim under the Jammu and Kashmir Victim Compensation Scheme, 2013, subject to the condition that the father of the victim shall file an undertaking before the disbursement of the compensation amount that if the trial court, while passing final judgment in the Challan, orders the accused persons to pay any amount by way of compensation under sub-section (3) of Section 545 of CrPC, he shall remit an amount ordered equal to the amount of compensation, or the amount ordered to be paid under said sub-section (3), whichever is less.